손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff is a company established on May 15, 2017 for the purpose of electronic commerce.
The Plaintiff, as a member of the Plaintiff, promoted the goods of the seller of goods sold in the Plaintiff’s shopping mall using the SNS, and accordingly, promoted a business in the form of paying a certain percentage of commission to the above well-known when selling the goods.
On September 5, 2017, the Plaintiff entered into a development agreement with the Defendant to develop a C shopping mall necessary for the Plaintiff’s business (hereinafter “instant shopping mall”) and supply the Plaintiff to December 5, 2017, and to pay KRW 27,500,000 in return for the development agreement.
The Plaintiff and the Defendant thereafter asserted that they were around September 28, 2017, and the Defendant asserted that they were first around October 2017.
In February 14, 2018, the term of supply under the above development agreement was extended to February 14, 2018, and the development agreement was concluded again with the intention to increase the price to KRW 36,000,000.
(hereinafter “instant development agreement”). Of the terms and conditions of the instant development agreement, the parts relating to the instant case are as follows:
C Contract price for shopping mall development: Details of the contract for the remainder of KRW 8,325,00 in the intermediate payment of KRW 8,250,000 between September 5, 2017 and February 14, 2018: The payment condition of KRW 8,250,000 in the intermediate payment of KRW 8,325,00 in the intermediate payment of KRW 11,10,000 in the intermediate payment of KRW 32,727,272: Value-added tax of KRW 3,272,72,728:
4. Criteria for the settlement of price (1) The defendant shall commence the duty of this contract within five days from the day following the date of the contract.
② The intermediate payment first: the Defendant’s completion of the following work by October 25, 2017; (a) the completion of the Switzerland’s planning and the completion of the submission of the draft design for the first round of design (the completion of the first round of design) will run the first intermediate inspection from October 25, 2017 to October 30, 2017. (c) The Defendant shall complete the following work by December 21, 2017: (a) the completion of the instant work: